Prohibits the manufacturing, sale, or distribution of
toys and child care articles containing certain toxic chemicals and requires
manufacturers to use the least toxic alternatives.

THE SENATE

S.B. NO.

2239

TWENTY-FOURTH LEGISLATURE, 2008

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TOXIC PRODUCTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that
phthalates, a class of chemicals used in polyvinyl chloride plastic to improve
flexibility and in cosmetics to bind fragrance to the product, are also used in
many products intended for use by infants and young children, including
teethers, toys, and soft plastic books. There is extensive scientific
literature reporting the hormone-disrupting effect of phthalates and
substantial evidence that levels of the phthalates of concern are found in
humans at levels associated with adverse effects. Population studies show that
virtually everyone carries some level of phthalates in their body. For the
general population, the oral route of exposure is considered a major route.

The purpose of this Act is to prohibit the
manufacture, sale, or distribution of certain toys and child care articles
containing bisphenol-A or specific types of phthalates in concentrations
exceeding 0.1 per cent and to require manufacturers to use safer alternatives
when replacing phthalates in their products.

SECTION 2. The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"CHAPTER

PHTHALATES

§ -1Definitions. As used in
this chapter:

"Child care article" means any
product designed or intended by the manufacturer to facilitate sleep, relaxation,
or the feeding of children under the age of three or to help children under the
age of three with sucking or teething.

"Phthalates" or "phthalate
esters" means the group of chemical compounds that are mainly used to
plasticize soft plastic polyvinyl chloride bath toys, teething rings, bath
books, and other toys and child care articles for infants and young children.

"Toy" means any product designed or
intended by the manufacturer to be used by a child at play.

§ -2Prohibition of
manufacture, sale, or distribution. Beginning January 1, 2009, no
person or entity shall manufacture, sell, or distribute in commerce any toy or
child care article that:

(1) Is intended for use by a child under three years
of age and contains bisphenol-A;

(3) Is intended for use by a child under three years
of age if that product can be placed in the child’s mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate
(DIDP), or di-n-octyl phthalate (DnOP) in
concentrations exceeding 0.1 per cent.

§ -3Alternatives to
bisphenol-A and phthalates. (a)Manufacturers shall use the least
toxic alternative when replacing bisphenol-A or phthalates in accordance with
this chapter.

(b) Pursuant to this chapter, manufacturers
shall not replace bisphenol-A or phthalates with:

(1) Any carcinogen rated by the United States
Environmental Protection Agency as an A, B, or C carcinogen, or any substance
listed as a known or likely carcinogen, known to be a human carcinogen, likely
to be a human carcinogen, or suggestive of being a human carcinogen, as
described in the United States Environmental Protection Agency's List of Chemicals
Evaluated for Carcinogenic Potential; or

(2) Any reproductive toxicant identified by the
United States Environmental Protection Agency as a cause of birth defects,
reproductive harm, or developmental harm."